Fair Work Ombudsman investigating cafe owner who would not hire man 'because he is black'

Alexandra Back

The owner of a cafe under investigation by the Fair Work Ombudsman after he reportedly refused to hire a black barista has himself become the target of racist attacks.

The Forbes & Burton cafe in Darlinghurst was the centre of a storm on Monday when Brazilian-born Australian Nilson Dos Santos, 39, revealed the cafe's owner Steven He had denied him a job based on the colour of his skin.

"'But you are black, I don't think you'll be able to work in the shop. My customers are white and they don't like to have black people making coffee for them," Mr Dos Santos said Mr He told him at the interview.

Cafe owner Steven He. Photo: Channel Ten

Mr He defended his decision on Monday night, telling Channel Ten that most baristas were either white or Asian, saying he was just trying to provide his customers the best service.

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Mr Dos Santos said he had been working as a barista in Australia for nine years.

Many people leapt to Mr Dos Santos' defence on social media by targeting Mr He, who arrived in Australia from Shanghai nine months ago.

Comments flooded the Forbes & Burton Facebook page, accusing Mr He of racism. More than one person told him to return to China.

"Who the hell does he think he is? He isn't even an Australian citizen and he's telling us what we prefer in OUR country?? Go back to China mate. You're not welcome here," one person wrote.

Another wrote: "So this is awkward... a non australian being racist to an australian citizen. Ive never ever said this before but you sir need to pack your bags and go back to your own country!"

Customers also threatened boycotts, with many vowing not to return to the cafe while it is under his management.

A spokesman for the ombudsman confirmed it was conducting inquiries into the matter.

"Under the Fair Work Act 2009, it is unlawful to discriminate against employees or prospective employees on the grounds of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction or social origin," the spokesman said.

There were reports on Tuesday that the business had been "flour-bombed" overnight and was very quiet, with customers choosing to boycott the cafe.